Appeal No. 2005-1040 Page 5
Application No. 09/777,420
The examiner’s application of the teachings of Ewald provides no cure for the
deficiency of Hall noted above. Accordingly, the rejection of claim 27 as being
unpatentable over Hall in view of Ewald also cannot be sustained.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-23, 25, 27 and 28
under 35 U.S.C. § 103 is reversed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
REVERSED
JOHN P. MCQUADE )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MURRIEL E. CRAWFORD ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
)
JENNIFER D. BAHR )
Administrative Patent Judge )
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